Daniel Hemel on Why Barring Trump from Office Could Take Years

Using the 14th Amendment to bar Trump from office could take years

As House Democrats move forward with a resolution urging the removal of President Trump under the 25th Amendment as well as an effort to impeach him a second time, some lawmakers are looking at a third potential response to last week’s assault on the U.S. Capitol in Washington: invoking Section 3 of the 14th Amendment, which disqualifies federal and state officeholders who “have engaged in insurrection or rebellion” from holding office again.

A number of commentators have suggested that Section 3 of the 14th Amendment would allow the House and Senate to bar Trump from future office by a simple majority vote. This possibility gained additional attention after House Speaker Nancy Pelosi (D-Calif.) asked members of her caucus in a letter Sunday to share their views about that provision of the 14th Amendment. But lawmakers shouldn’t be misled by claims that the 14th Amendment option would be quick and easy. It is true that Congress potentially can use the amendment to bar Trump from future office, but the process will very likely take several steps and years.

Read more at The Washington Post

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